On August 30, 2024, the U.S. Occupational Safety and Health Administration (OSHA) proposed new regulations to protect workers from heat illness. Comments are due by December 30, 2024. OSHA is proposing the following:
Covered workplaces: Both indoor and outdoor workplaces would be covered, unless there is no reasonable expectation of exposure at or above the initial heat trigger. There are exceptions for emergency response workers, employees performing indoor sedentary activities, employees working from home, and workers exposed only for a short time (15 minutes or less in any 60-minute period) to a heat index of 80°F or higher.
Obligation to establish a plan: Employers would be required to develop and implement a heat injury and illness prevention plan (HIIPP) with site-specific information. Employers with more than 10 employees would have to put their plan in writing.
Initial heat trigger: When the heat index is 80°F or higher, employers would have to provide cool drinking water, allow paid rest breaks as needed, provide break areas with appropriate shade and/or cooling, implement an acclimatization plan during the first week of work for new hires or employees returning from leaves of more than two weeks, and communicate regularly with employees.
High heat trigger: When the heat index is 90°F or higher, employers would also have to provide at least 15 minutes of paid rest breaks every two hours, implement an observation system to check for signs and symptoms of heat illness, establish two-way communication at least every two hours with employees who are working alone, and provide a heat hazard alert to employees on the importance of drinking water, taking breaks, and following emergency procedures.
Training: Employers would have to train employees before they are first exposed to the initial heat trigger and provide additional training for supervisors. Annual refresher training would also be required.
Tips: Any implementation of this regulation will be a long time coming, if at all. The upcoming Presidential election could result in OSHA pulling the proposal off the table. Even if OSHA plows on, it will take the agency many months to review the comments submitted and craft a final rule. Even if the rule is eventually finalized, it will be subject to legal challenges. Vigilant will keep members apprised of significant developments.
To skip the long explanation of OSHA’s proposal and see the exact text that would be in the regulations, you can jump here. It would be in a new section of OSHA’s regulations, which would be numbered 29 CFR 1910.148 (Heat Injury and Illness Protection). You can submit comments here on or before December 30, 2024. Employers in California, Oregon, and Washington are already subject to heat illness rules; for guidance please see our Legal Guide, Heat Illness Prevention in the Workplace.
